Queensland Consolidated Acts

INFORMATION PRIVACY ACT 2009 - SECT 49

49 Application not for backup system documents

(1) An access application, however expressed, for a document does not require an agency or Minister to search for the document from a backup system.

(2) However, subsection (1) does not prevent an agency or Minister searching for a document from a backup system if the agency or Minister considers the search appropriate.

Note—

While a search for a document from a backup system is not generally required before refusing access on the ground that the document is non-existent or unlocatable, a search is required in the particular circumstances mentioned in the Right to Information Act , section 52 (2) , as applied under this Act.